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2012-069s:llegallour documentslordinances1121creekwood easement abandonnlent ordlIlance.doc o�rNaNCE No. 2012-069 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS ("CITY") TO EXECUTE FOR AND ON BEHALF OF THE CITY AN EASEMENT ABANDONMENT AGREEMENT ("AGREEMENT"), BY AND BETWEEN CREEKWOOD CENTRE DENTON, LLC AND THE CITY, CONTEMPLATING THE (I) PARTIAL ABANDONMENT OF THAT CERTAIN EASEMENT AND RIGHT OF WAY, DATED ON OR ABOUT JULY 30, 1927, FROM MRS. S. A. BAYLESS, ET AL TO TEXAS POWER & LIGHT COMPANY, RECORDED IN VOLUME 216, PAGE 231, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, BE1NG FURTHER REFERENCED IN AN ASSIGNMENT OF EASEMENTS, DATED ON OR ABOUT MAY 21, 1975, FROM TEXAS POWER & LIGHT COMPANY TO THE CITY OF DENTON, RECORDED IN VOLUME 756, PAGE 669, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AND (II) PARTIAL ABANDONMENT OF THAT CERTAIN UTILITY EASEMENT, DATED ON OR ABOUT MAY 6, 1955, FROM J. A. MCLEOD AND WIFE, FLORENCE MCLEOD TO THE CITY OF DENTON, TEXAS, RECORDED IN VOLUME 419, PAGE 25, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AFFECTING LANDS LOCATED 1N THE A. HILL SURVEY, ABSTRACT NO. 623, DENTON COUNTY, TEXAS AND PARTICULARLY DESCRIBED AS LOT 1, BLOCK A OF DENTON STATION, PHASE ONE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED 1N CABINET Y, PAGE 740, PLAT RECORDS, DENTON COUNTY, TEXAS AND LOT 2, BLOCK A OF DENTON STATION, PHASE ONE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED 1N CABINET W, PAGE 463, PLAT RECORDS, DENTON COUNTY, TEXAS AND LOCATED APPROXIMATELY WITHIN THE 1400 BLOCK OF CENTRE PLACE DRIVE, DENTON, TEXAS, UPON THE TERMS AND CONDITIONS PROVIDED IN THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ABANDONMENT AND RELEASE OF EASEMENTS (THE "RELEASE"), UPON THE TERMS AND CONDITIONS PROVIDED BY THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Easement Abandonment Agreement (the "Agreement"), between the City of Denton, Texas and Creekwood Centre Denton, LLC, a Texas limited liability company, in the form as attached hereto as Exhibit "A" and made part of this ordinance for all purposes, is hereby approved. SECTION 2. The City Manager of the City, or his designee, is hereby authorized to execute the Agreement and, upon the completion and satisfaction of all conditions prescribed in the Agreement, the Release, for and on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. �� PASSED AND APPROVED this the 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY : VED AS'�TO LEGAL FORM BURGESS, CITY ATTORNEY BY: � Page 2 5:1l.egaHOur pocumenLSlOrdinancesU 21Creekwood EesemenL Abandonmenl Ordinance.doc � day of ,i(i(_/ , 2012. MARK A. BURRO M YOR EASEMENT ABANDONMENT AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and Creekwood Centre Denton, LLC, a Texas limited liability company (the "Landowner"). WHEREAS, the Landowner has made an application to the City requesting the (i) partial abandonment of that certain Easement and Right of Way (the "Electric Easement"), dated on or about July 30, 1927, from Mrs. S.A. Bayless, et al, to Texas Power & Light Company ("TP&L"), recorded in Volume 216, Page 231, Real Property Records, Denton County, Texas, being further referenced in an Assignment of Easements, dated on or about May 21' 1975, from TP&L to the City of Denton, Texas, recorded in Volume 756, Page 669, Real Property Records, Denton County, Texas, INSOFAR AND ONLY INSOFAR as the Electric Easement covers and encumbers that certain .290 acre tract (the ".290 Acre Tract") described on Exhibit "A", attached hereto and made a part hereof; and (ii) partial abandonment of that certain Utility Easement (herein so called), dated on or about May 6, 1955, from J. A. McLeod and wife, Florence McLeod, to the City of Denton, Texas, recorded in Volume 419, Page 25, Real Property Records, Denton County, Texas, INSOFAR AND ONLY INSOFAR as the Utility Easement covers and encumbers that certain .363 acre tract (the ".363 Acre Tract") described on Exhibit "B", attached hereto and made a part hereof; and WHEREAS, the .290 Acre Tract and the .363 Acre Tract are herein collectively referred to as the "Abandonment Area"; and WHEREAS, the Electric Easement and the Utility Easement are collectively referred to herein as the "Existing Easements"; and WHEREAS, the Landowner is successor in interest in, and owner of, the Abandonment Area; and WHEREAS, staff has reviewed the abandonment application of Landowner and is amenable to abandoning the Existing Easements, INSOFAR AND ONLY INSOFAR as the E�sting Easements cover and encumber the Abandonment Area, upon the terms and conditions provided herein; and WHEREAS, the Landowner has agreed to convey New Easements (herein so called) for the electric facilities and water facilities (the "New Facilities") as granted by instrument shown on the pending Replat for The Denton Station Addition (the "Addition"), the lands encumbered by the New Easements being described in Exhibit "C", attached hereto and made a part hereof for all purposes; and WHEREAS, along with the grant of the New Easements, the Landowner has agreed to (i) abandon in place the existing utilities, facilities and any infrastructure related to the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, as provided in the construction plans for the Addition, as approved by the City (the "Abandoned Facilities"); and (ii) construct the New Facilities within the New Page 2 Easements, all activities to be conducted in accordance with all City ordinances, rules, regulations, criteria manuals, approved plans and any other document or material pertaining or relating to such improvements and/or the construction of same and the terms hereof, all as more particularly described below; and WHEREAS, the City is amenable to the abandonment of the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, upon the construction, realignment, relocation and acceptance by the City of the New Facilities within the New Easements and satisfaction of other conditions and obligations set forth in this Agreement. NOW, THEREFORE, far and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by City and Landowner, the City and Landowner hereby agree as follows: 1. (a) The City shall abandon the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, upon (i) acceptance of the New Easements and Replat of the Addition by the City of Denton, Texas and the recordation of same in the Real Properly Records of Denton County, Texas; (ii) the abandonment by Landowner of the Abandoned Facilities from the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, as provided in the construction plans far the Addition, as approved by the Page 3 City; (iii) construction by Landowner and acceptance by the City of the New Facilities within the New Easements; and (iv) compliance with all other terms and conditions set forth in this Agreement (the conditions provided in Section 1.(a) (i) —(iv) are collectively referred to herein as the "Landowner Conditions"). All activities related to the Landowner Conditions shall be conducted in accordance with a11 City ordinances, rules, regulations, criteria manuals, approved plans and any other document or material pertaining or relating to such improvements and/or the construction of same and sha11 have been inspected and accepted by the City, in its sole discretion, all in accordance with the terms hereof. (b) Notwithstanding anything to the contrary herein, nothing contained herein shall affect, and the City hereby retains and reserves, any and all rights it or the public may have or claim in (i) the Existing Easements, insofar as they may cover or encumber lands in addition to or other than the Abandonment Area; and (ii) any and all other easements, rights of way and/or any other rights and interests owned or claimed by the City or the public, including without limitation, street rights of way and utility easements, whether acquired, obtained, owned or claimed by the Ciry or public, by, through or under conveyance, dedication by plat or other express dedication, implied dedication, prescription, or by any other means, method or process, in, covering or encumbering the Abandonment Area ar any part thereof (the "Non-Released Interests"), as more particularly described in the Release, as defined below. (c) The New Facilities must be inspected and accepted by the City prior to the City's abandontnent of the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area. The City Manager, or his designee is Page 4 hereby authorized to execute and deliver to Landowner an Abandonment and Release of Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area (the "Release"), substantially in the form as attached hereto as Exhibit "D", less and except and reserving the Non-Released Interests, upon and only upon the timely fulfillment of all of the conditions prescribed herein, including without limitation, the Landowner Conditions. (d) Owner shall complete all Landowner Conditions to the satisfaction of the City on or before two (2) years after the effective date of this Agreement. In the event such activities shall not be timely performed, as provided herein, Landowner shall be in default hereunder, and in addition to the rights and remedies provided to City herein, the City may at its option terminate this Agreement. 2. Landowner, at its sole cost and expense, sha11 perform, or shall cause to be performed, within the times prescribed herein, (i) the activities related to the abandorunent of the Abandoned Facilities; and (ii) the activities related to the construction of the New Facilities within the New Easements (collectively, the "Work"), in a good and workman like manner and in conformance with sound and accepted engineering and construction activity practices. In performing the Work, or causing the Work to be performed, the Landowner shall at all times perform such activities in a safe manner and in full compliance with all applicable federal, state, local, municipal or other laws, statutes, codes, restrictions, regulations, criteria manuals, approved plans, ordinances, resolutions, orders and the terms hereof. Landowner agrees to perform the Work, or cause the Work to be performed, in a diligent manner and restore the lands Page 5 encumbered by the New Easements and the Existing Easements to as near as reasonably practicable its condition prior to the commencement of the Work. 3. Landowner represents and warrants to City that (i) Landowner has taken any and all actions necessary to bind Landowner to all terms and provisions of this Agreement; (ii) the party executing this Agreement on behalf of the Landowner has the authority to bind Landowner to all terms and provisions of this Agreement; and (iii) this Agreement is enforceable against Landowner in accordance with the tertns and provisions herein. 4. THE LAWS OF THE STATE OF TEXAS SHALL APPLY TO THIS AGREEMENT WITHOUT REGARD TO CONFLICT OF LAW RULES THAT MAY DIItECT APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL LIE EXCLUSIVELY IN COURTS OF COMPETENT JURISDICTION IN DENTON COUNTY, TEXAS. 5. In the event Landowner shall default in the performance of any term or provision of this Agreement, the City may, if said default shall be continuing after five (5) days notice of such default, enforce and exercise any and a11 rights and remedies available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. 6. Any notice prescribed by this Agreement shall be deemed properly served if (i) provided by telephonic facsimile; or (ii) deposited in the United States mail by certi�ied letter, Page 6 return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right to designate a different address by notice given in the manner just described. Notice shall be deemed provided when delivered if provided by telephonic facsimile, or if deposited in the United States mail, three (3) days after depositing such notice in the United States mail, as described above. For Ci : Paul Williamson, Real Estate Manager 215 E. McKinney Denton, TX 76201 Facsimile No. (940) 349-8951 For Landowner: � �� 5�� J��i� �9�� ur�i�� . �,�o ��A�c�,T� 7sa�� FacsimileNo.%9/�� `/ �� q �1M � 7��'� P�'�PL�R1s�� c ��, 7. This Agreement and all terms and conditions hereof run with the land. The tertns and provisions hereof are binding upon, and shall inure to the beneiit of, the City and Landowner, and their successors and assigns. 8. This Agreement represents, includi.ng the exhibits hereto, the sole agreement between the City and Landowner with respect to the subject matter herein and supersedes any and all prior negotiations, understandings, representations and other agreements, whether written Page 7 or oral. This Agreement may not be modified or amended except in writing and duly authorized and executed by each parry hereto. 9. All covenants, representations and warranties of Landowner shall survive the termination or expiration of this Agreement and shall not in any event merge with the Release. In Witness Whereof, this Agreement has been executed by the parties to be effective this �, day of , 2012. CITY OF DENTON By: '`"`7 GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 8 APPROVED AS TO LEGAL FORM: AIVITA BURGESS, CITY ATTORNEY BY: CRE limit : NAl -- TITLE: V P�� Cr��,��o �'�� C��r� f��e r►ir��'� �� Ris��<wQp LGN1i�� 1t�n,�a��Gt� Page 9 Exhibit "A" Page 1 of 2 MEfES AND BOUNDS DESCRIPTION 0.290 ACRES BEING all that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract No. 623, and being part of Lot 1, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 463 of the Plat Records, Denton County, Texas, and Lot 2, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 500 of the Plat Records, Denton County, Texas and alsa being part of a electric easement described in deed as recorded in Volume 756, Page 669, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Lot 2 which bears South 00'16'30" West, 10.08 feet from the common corner of said Lots 1& 2; THENCE South 00'16'30" West along said east line of Lot 2, for a distance of 20,01 feet; THENCE North 88'16'49" West departing said east line, for a distance of 631.67 feet to the west line of said Lot 2 and being in the east line of Centre Place Drive (60' Public Right—of—Way); THENCE North �1'43'12" West along said east line of Centre Place Drive and passing at a distance of 10.54 feet the common corner of said Lots 1& 2, for a total distance of 20.04 feet; THENCE South 88'16'49" East. departing said east line of Centre Place Drive and passing at a distance of 306.75 feet the common line of said Lots, for a total distance of 632.37 feet to the POINT OF BEGINNING, and containing 12,640 square feet, or 0.290 acres of land. 7� i a r s NG SNEERSNG 765 L1�etec Aoad, Soite S00 Plano, T1I 75075 (972) 922-0077 E'ax:(972) 922-0075 TBPE No. F-2121 E�ECTRIC EASEMENT A. HILL SURVEY, A-623 PAGE 1 OF 2 OF �� eRF�f ;� � o � DARREN K. BROWN A,� 5252 P �- �<"9 �FESS��`��'� � s uR�.�' Dmwn By: Checked By: Scale Date rob n,a. CITY OF DENTON �� •��-- B�M DKe �rawn ay: 1/z4/t2 ��-13s DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.LS. 5252 Orowing: G:\2011 JOBS\71-139 Tonll Swdant Housing�ADMIN - SURVEY��WG\11-139 Easament5.dwg Savatl By: OBrm.n Save 71me: 1/25/2012 3:36:241rRMd 6y: �Brown Pbt Oote: 1/25/2012 3:36 PM a �3 U� �F �. � aa � �. . 0 � v � w _ a m N O1'43'12° W 20.04' Exhibit "A" Page 2 of 2 UU U �U "I UU 'LUU 1 inch = 100 ft. LOT4 Btocx A DEt��fON STAT10Pd. PHA..�E �U� CAB. W, PG. 463, P.RD.GT. S 88' i 6'49" E 632.37' S 00'16'30" W � 1 POINT OF BEGINNING 20' Electric Esmt. N 88'16'49" WT 0.290 Acr. 631.67' S 00'16'30" W� (r2,s4o SQ. tt) Zo.o�' VoL 756, Pg. 669 1.0T 2 Cab. W, Pg. 463 BE.OGK A Cab. W, Pg. 500 �EVro� srn�nor�, I'IiA5� OEI� D.R.�.C.T. cnB• w, �. soo, P.�.v�.7. A. HILL SURIIEY, ABSTRAGT # 623 DENTON COUN7Y, TDfA9 s LLE � � � m � � F � � 44 Z � � � I� � _ -P.F.O.GT _— — — — — — I � \ I � Bearings based on Denton Station, Phase One, recorded in Cabinet W, Pages 463 & 500, Plat Records, Denton County, Texas. � 0 F` � P ��SrfR F �. _ �i. �(A� F_ � PAGE 2 OF 2 DARREN K. BROWN A 5252 � � � G 2 N E = N G �0' ELECTRIC EASEMENT ABANDONMENT �9tio s u Rv �� 765 Neter Raad� s�te �oo e��o, �,5a,5 A. H I L L S U R V E Y, A- 6 2 3 -� �972� 922-0077 Fax:(972) A22-0075 TBPS No. P-2121 Drawn By: Checked By: Scole aote �ob r,o. CITY OF DENTON �,��___ B�M DKB Drawn By: 1/24/12 11—t39 DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 Orawing: G:\2017 JO85\71-739 Tanli Sludent Housing\AOMIN — SURVEY�DWG\11-1J9 Easemant5.dwg Saved By: OBrown Swe Tlme: 1/25/2012 3:36:5BIdPt1d hy: �Brown Plak Oote: i/25/2012 3:37 PM Exhibit "B" Page 1 of 2 METES AND BOUNDS DESCRIPTION 0.363 ACRES BEING all that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract No. 623, and being part of Lot 1, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 463 of the Plat Records, Denton County, Texas, and Lot 2, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 5�0 of the Plat Records, Denton County, Texas and being part of a 25 foot wide easement described in deed as recorded in Volume 419, Page 25, Deed Records, Denton Caunty, Texas, and being more particularly described as follows: BEGINNING at a point that bears South 0�'16'30" West, 11.14 feet from the northeast corner of said Lot 2; THENCE South 85'24'57" West, for a distance of 172.52 feet; THENCE North 88'16'49" West, for a distance of 459.72 feet to a point in the east line of Centre Place Drive (60' Public Right—of—Way); THENCE North 01'43'12" West along said east line of Centre Place Drive and passing at a distance of 10.54 feet the common corner of said Lots 1& 2, for a total distance of 25,05 feet; THENCE South 88'16'49" East departing said east line of Centre Place Drive, for a distance of 459.84 feet; THENCE North 85'24'57" East, for a distance of 173.27 feet to the east line of said Lot 1; THENCE South 00'16�30" West and passing at a distance of 13.95 feet the common corner of said Lots 1& 2, for a total distance of 25.09 feet to the POINT OF BEGINNING, and containing 15,816 square feet, or 0.363 acres of land, PAGE 1 OF 2 OF T .`Q' �,� ��ERFF+ ;� � o � DARREN K. BR�WN Q 5252 � � E° = N E R N G � 5' UTILITY EASEMENT ABANDONMENT �9tio s u R� ��o 765 Caetex Road, 5�� oo p��o, T7I 75075 A. H I L L S U R V E Y, A- 6 2 3 c'�---�--� (972) 922-OU77 Faxt(972) 922-0075 TBPE No. F-3121 \ � Drawn By: Checked By: Scafe Date �on No. CITY OF DENTON B�M DKB Drawn By: 1/24/12 11-13s DENTON COUNTY, TEXAS �ARREN K. BROWN, R.P.L.S. 5252 Drowing: G:\2011 JOBS\71-139 Ton[i Sludant Housing\ADMIN — SURVEY�OWG\11-138 Eacemant3.dwg Saved By: DBrawn Save Time: 7/25/2012 3:52a91dRaa by: Oerown Pbl Date: 1/25/2012 J:53 PM > L �3 U '� i� � �� c� � �� 0 �v C..) i Exhibit "B" Page 2 of 2 "00 0 50 100 200 1 inch = 100 ft. N 01'43'12" W 25.05' LOT 1 6LOCK A DENTOU BTATION, PHASE ON-=_ CA6. W, PC3. A63. P.R.D.GT. 25' Utilify Esmt. 0.363 Acr. (15,816 sq, ft.) Vol. 419, Pg. 25 ' S 88'i6'49" E D.R.D.C.T. ------ 459.84=�-- N 85'24�57° E --- 173.27' ----------- — � „W— S 85'24'57 N88'16'49" W� ------------- 172.52' 459.72' / S 00'16'30" W 25.09' a � � LUT2 S 00'16'30" W� POINT OF s1ACKA �� t4� BEGINNING DENTON 5TA'iION, I'HASE ONE CA6. W, PO. 500, P.R.D.C.T. �iV � �� i A. HILL 5URVEY, ABSTRAGT # 623 DENTON COUNTY. TEXAS MEIliNE k i — — — — — � e� rom u.c r U d d � a � -------� \ Bearings based on Denton Station, Phase One, recorded in Cabinet W, Pages 463 & 500, Plat Records, Denton County, Texas. . f. � OF PAGE 2 OF 2 DARREN K. BROWN A 5252 � � � i a r s 25' UTILITY EASEMENT ABANDONMENT �-�,� °F�S 5�� -�o ENG2NEER=NG � SURV� T65 Cuatec Road, s�ta �oo p�o, T7[ 75075 A. HILL SURVEY, A-623 (972) 922-0077 i'aa:(9721 922-0075 TeeE No. P-2121 �`� Drown Byr Checked By: Scofe Date �on r,o. CITY OF DENTON BLM DKB Drawn sy: 1/24/�2 11-13s DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 OraWing; G:�2011 JOB5�71-139 Ton[f SWden[ Housing�ADMIN — SURVEY�OWG�71-139 Eosement].dwg Saved By: OBrown SaVe Time: 1�25�2012 3:50:461tlP0Ad by: OBrawn Pbt Dala: 1�25�2012 J:51 PM Exhibit "C" Page 1 of 6 MEfES AND BOUNDS DESCRIPTION 0.079 ACRES BEING ali that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract No. 623, and being part of Lot 2, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 500 of the Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at the southwest corner of said Lot 2 and also being in the east line of Centre Place Drive (Variable Width Public Right—of—Way); THENCE North 01'43'12" West along said east line of Centre Place Drive, for a distance of 16.01 feet; THENCE South 89'51'QO" East departing soid east line, for a distance of 198.21 feet; THENCE North 89'56'42'� East, for a distance of 15.97 feet; THENCE South 00'03'18" East, for a distance of 16.00 feet to the south line of said Lot 2; THENCE South 89'56'42" West along said south line, for a distance of 16.00 feet; THENCE North 89°51'00" West continuing along said south line, for a distance of 197.72 feet to the POINT OF BEGINNING, and containing 3,423 square feet, or 0.079 acres of lond. PAGE 1 OF 2 OF P ��sTfRTF� � ��- DARREN K. BROWN A 5252 � �- � � g � �- S 16' ELECTRIC EASEMENT �-� �°FESS��C -�° ENGSNEERSNG �O SURV ` ` ,6= ��ste� �oad, 5u�te �oo Plano, Tx ;50�5 A. HILL SURVEY, A-623 �� (972) 922-OD77 Fax:�972) ?22-0075 TBPB t7�. F-21ll ,l Drawn By: Checked By: Scale Date �ab n,a. CITY OF DENTON �--I`�� e�M DKB N.T.s. �/si/i2 ti—t3s DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 Drowlny; C\2011 JO85\I1-139 Tonli SluAent Housing\A�MIN - SVRVEI'�OWG\11-139 EasemenlB.Gwg SovaO By: DBrown Sove Tme: 2/1/2012 2:DJ�38°RA[etl by: OBrawn Plol �ale: 2/1/2012 2:0] PM / r � 3 �i � Q O C) � � � �� v i�' � � � � p� o U o > � N - M � � � 0 Z I i6' Electric Esmt. 0,079 Acr. (3,423 sq. ft.) S 89'S1'00" E 198.21 ' N 89'S1'00" W 197.72' S 89'S6'42" W POINT OF � �6.00' CEN7RE PLAGE LOT 3R, BLOGK B CAB. U, PG. 401 P.R.D.C.T. Exhibit "C" Page 2 of 6 �� f� �� •� LOT1 BLdGK A DENTON STATION, PHASE ONE CAB. W, PG.463, P.R.D.C.T. �or z e�ocK n DENTON 5TA710N, PHASE ONE CAB. W, PG.500, P.R.D.C.T. A. HILL 9URYEY, ABBTRACT # 623 DENTON COUNTY,TEXA9 N 89'S6'42" E 15.97' S 00'03'18" E 16.00' � U O m � 0 J 0 � u d d � N � � m z � � � 24' FlRELANE k �/ � \ AlilA9l£ H101M 11.E. � I CAB. C. PG. JR3 - - - - v.R.o.c?. - I � WOODH[LL ADDITION � \ I LOTt I I cae. c, PG. 322 a.a.o.c.r. gearings based on Denton Stotion, Phase One, recorded in Cabinet W, Pages 463 & 500, Plat Records, Denton County, Texas. ❑� PaG1�fRo�� PAGE 2 OF 2 DARREN K, BROWN � ��- �� S 16' ELECTRIC EASEMENT �9NO s s Rv �-�° E N G S N E E R= N G U ` ,o� �uste� aoad, s��te �o� e�ana, Tx �5�-5 A. HILL SURVEY, A-623 �• (9721 922-0077 Fax:(972) 922-0075 TBPE 170. F-2121 ,l o,oW� By: Checked By: Scale oate �on r,o. CITY OF DENTON �---I`�� BLM DKB t"=too' 1/31/12 ii—i3s DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 Orowing: G:\2011 JOBS\I1-139 TonU Sludent Hous�ng\ADMIN - SURVEI'�OWG\11-139 Easement9-Ewg Savetl 9y: �9rown Sove Time: 2/1/2017 7:0]:3BPRAfed by: �Brown Plal Dale: 2/I/2012 2:06 PAI Exhibit "C" Page 3 of 6 MEfES AND BOUNDS DESCRIPTION 0.240 ACRES BEING all that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract No. 623, and being part of Lot 1, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 463 of the Plat Records, Denton County, Texas, ond Lot 2, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 500 of the Plat Records, Denton County, Texas, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Lot 2 which bears South 00'16'30" West, 20.14 feet from the common corner of said Lots 1& 2; THENCE South 00°16'30" West along said east line of Lot 2, for a distance of 17.97 feet; THENCE North 62°37'07'� West departing said east line, for a distance of 76.79 feet; THENCE North 89'42'11" West and passing at a distance of 444.84 feet the common line of said Lots, for a total distance of 542.99 feet; THENCE South 00'17'49" West and passing at a distance of 0.60 feet said common line, for a total distance of 5.42 feet; THENCE South 90'00'00" West, for a distance of 20,32 feet to the east line of Centre Place Drive (Variable Width Right—of—Way); THENCE North 01'43'12" West along said east line of Centre Place Drive and passing at a distance of 4.80 feet said common line, for a total distance of 27.01 feet; THENCE North 90°00'00" East, for a distance of 21.27 feet; THENCE South 00'17'49" West, for a distance of 5.58 feet; THENCE South 89'42'11" East, for a distance of 546.85 feet; THENCE South 62'37'a7" East and passing at a distance of 28.74 feet said common line, for a total distance af 72.45 feet to the POINT OF BEGINNING, and containing 10,474 square feet, or 0.240 acres of land. PAGE 1 OF 2 OF Po- � ��e R�,o -f-'9 DARREN K. BROWN ....., v � � � � � s ELECTRIC EASEMENT �-�� ° fss ��-�° ENGSNEERSNG �SURv � 765 Custec koaa, 5��te �oo p�a�o, TX ;50,5 A. HILL SURVEY, A-623 ^ ��_ (972� 922-�077 Pax:(972) 922-0075 TBPE Ilo. F-2121 o.oW� By: Checked By: Scole Date �ob No. CITY OF DENTON V�� e�M oKe N.T.S. 1/31/12 ii-iss DENTON COUNTY, TEXAS DARREN K. BROWN, R,P.L.S. 5252 Orowinq: G:\2011 JOBS\I1-139 Tanli Slutlenl Ha�sing\AOMIN - SVRVEt'��WG\11-139 Easemanl6.Owg SavaE By: OBrown Sove Time: 2/1/2012 1:J7:4Wfbke� by: DBrown Plot Dale: 2/1/2012 2:09 PAI } a� � .? i i �� a� _ U `� �� L � L3 � � � .n V o > w � a � Exhibit "C" Page 4 of 6 UU U 5U 1UU 1UU 1 inch = 100 ft. N O]'43�12" W 2�'�1 N 90'00'00" E 21.27' S 00'17'49" W �-5.58� ��S 00'17'4 5.42' S 90'00'00" W 20.32' Uariable Width Electric Esmt. 0.240 Acr. (10,474 sq. ft.) LOT1 BLOGK A �ENTON STATION, PHA5E ONE C/1B. W, PG. 463, P.R.D.C.T. S 89'42' 1 ] " E 546.85' N 89'42'11 " W 542.99' LO7 2 BLOGK A DENTON STATION, PHASE ONE CAB. W, PG. 500, P.R.D.C.T. S 00' 16'30 �� W� 2D.14' POINT OF S 62'37'07" E 72,45' N 6237'07" W 76. 79' S 00'16'30" w� 17.97' A. HILL SURVEY, ABSTRACf # 623 o�NroN couNnr, rExns Ti �anine�E�oii �.e�� I CAB. C, PG. 3]2— — � �` II I � u 0 J m � 0 � � w u � � H N K � m Z � � — — � \ � \ Bearings hased on Denton Stotion, Phase One, recorded in Cobinet W, Pages 463 & 500, Plat Records, Denton County, Texas. C�7 ��Q-� � ��f,q�o �9� PAGE 2 OF 2 DARREN K. BROWN � �� g�� s ELECTRIC EASEMENT l`9,L� S s R J�-l� ENG2NEERSNG U ` ,s� Custer Foad, Suite lOJ Plano, Tx ;5�.5 A. H I L L S U R V E Y, A- 6 2 3 �9�zi szz-oon eax: �9�z� azz-oois xeee eo. e-sizi Drawn By: Checked By: Scofe Oate �ob n,o. CITY OF DENTON �--�� e�M oKe �"=ioo' �/3i/iz i�—iss DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.LS. 5252 Orowing: G:\2011 JOBS\I1-139 Tonli St�dent Ho�sing\ADMIN — SURVEI'�DWC\11-139 Easement6.Owg Savetl By: OBrown Save Time: 2/1/2012 1:3�-14PQAted by: OBrown Plot Dole: 2/1/2012 2:10 PM Exhibit "C" Page 5 of 6 METES AND BOUNDS DESCRIPTION 0.447 ACRES BEING all that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract No. 623, and being part of Lot 1, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 463 of the Plat Records, Denton County, Texas, and Lot 2, Block A Denton Station, Phase One, as recorded in Cabinet W, Page 500 of the Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Lot 2 which bears South 00'18'48" West, 17.93 feet from the common corner of said Lots 1& 2; THENCE South 00'15'19" West along said east line of Lot 2, for a distance of 35.33 feet; THENCE North 89°42'11" West departing said east line, for a distance of 581.98 feet; THENCE North 45°02'50'� West, for a distance of 44.16 feet; THENCE North 89'27'36" West, for a distance of 17.82 feet to the west line of said Lot 2 and being in the east line of Centre Place Drive (Variable Width Right—of—Way); THENCE North 01'43'12" West along said east line of Centre Place Drive and passing at a distance of 18.28 feet the common corner of said Lots 1& 2, for a total distance of 30.02 feet; THENCE South 89'27'36" East departing said east line of Centre Place Drive, for a distance of 31.26 feet; THENCE South 45'02'50" East and passing at a distance of 16.15 feet the common line of said Lots, for a total distance of 44.08 feet; THENCE South 89°42'11" East, for a distance of 533.74 feet; THENCE North 75°11�46'� East, for a distance of 20.45 feet; THENCE South 89°42�11" East, for a distance of 16.14 feet to the POINT OF BEGINNING, and containing 19,473 square teet, or 0.447 acres of land. PAGE 1 OF 2 OF T P��sreR � � �, � F, DARREN K. BROWN W A 5252 � � �� = N� R N G' WATER LINE EASEMENT `9�o s u R� ��`� ` ,6= ��ste� �oad, 5��e �oo e�ano, Tx ;5�,5 A. H I L L S U R V E Y, A- 6 2 3 �.� (972) 922-0077 Fax;(972) 422-D075 TBPE N�. F-2121 Drown By; Checked By, Scale Date �ob n,o. CITY OF DENTON �°"—�� e�M DKe N.T.S. 1/31/12 11-139 DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 Orawing� C�\2011 JOBS\11-139 ionti SluAen[ He�sing\AUMIN - SURVEY\OWG\I1-139 Easemenl7.tlwg Savetl By: OBrawn Save Time: 2/1/2012 1:39:30PfUAad by: OBrown Plol Oale: 2/I/2012 2'12 PN � � 3 � � i p o c] � �� L U L3 +� � �� .� U o > N 01'43'12" W Exhibit "C" Page 6 of 6 UU U 5U 1UU ZUU 1 inch = 100 ft. / 30.02' S 89'27'36" E / 31.26' S 45'02'S0" E �44.08' LOT1 BLOCK A DENTON STAnON,PHA5E ONE CAB. W, PG. 463, P.R.D.C.T. S 89'42' 11 " E 533.74' S 00'18'48" W � 17.93' S 89'42' 11 ° E N 75' 11 '46" E 16.14' 20.45 �� -------------i--------------=� ` — — — — — — — — — — — — — — — — — — — — — — — N 45'02'S0° W POINT OF 44,16' BEGINNING S 00'15"]9" W� l/ariable Width LOT 2 35.33' Woter Line Esmt. e�ocK A N 89'42'11 " W 0.447 Ac DENTON STATION, PHASE ONE 581.98' (19,473 sq. ft.) �B. W, PG. 500, P.R.D.C.T. A. HILL SUR1/EY. ABSTIZACT # 623 DENTON COUNN,TEXAS N 89'27'36" W 17.82' �"i �aAne�EVnom u.e�—� I CAB. C, PC. 32]- - � P,$,D�T. �I I � u 0 J m 0 � u Q n � � � m z � � — — — — � \ � \ Bearings based on Denton Station, Phase One, recorded in Cabinet W, Pages 463 & 500, Plat Records, Denton County, Texas. P �"� � ❑� PAGE 2 OF 2 DARREN K. BROWN � `� G S NE�E S NG WATER LINE EASEMENT �9tio s s R� �-�° ` A. HILL SURVEY, A-623 � �- 76� Custer koad, Suite 100 Plano, TX �50-5 (9721 gz2-0077 Fax:1972) 422-0075 TBPE Ho. E-2121 ,l Drawn By: Checked By.• Scale Dafe �ob No. CITY OF DENTON !`�.� BLM �Ke t"=too' �/3i/i2 11-139 DENTON COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 �rawing: G\2011 JO85\II-139 Tonl� Sluaent Housing\AOMIN - SVRVEY�OWG\11-139 Easement7.Awg sa.rea ey: oe.ow� Sove Time: 2/1/2012 1:39:30P2ltetl by: DBrown Plol Dote: 2/1/2012 2:11 PM s:\legal\our documents\contracts\12\creekwood centre release of easements.doc Exhibit "D" To Easement Abandonment Agreement ABANDONMENT AND RELEASE OF EASEMENTS THE STATE OF TEXAS COUNTY OF DENTON § § KNOW ALL MEN BY THESE PRESENTS: § WHEREAS, CREEKWOOD CENTRE DENTON, LLC (the "Owner") is the owner of The Denton Station Addition, being described in that certain plat or replat recorded in County Clerk File Number , Real Property Records, Denton County, Texas (the "Property"); and WHEREAS, pursuant to City Ordinance No. , passed and approved on , 2012, the Denton City Council authorized the City Manager, for and on behalf of the City of Denton, Texas (the "City"), to enter into an "Easement Abandonment Agreement" (the "Agreement"), for the express purpose of prescribing for the Oumer's grant of certain easements in favor of the City and the performance or other activities as prescribed in the Agreement, in exchange for the City's partial abandonment of certain easements across the Property; and WHEREAS, the Easements (as defined below) encumbering the Property agreed to be partially abandoned by the City are as follows: (i) that certain Electric Easement (herein so called), referenced in an Assignment of Easements dated on or about May 21, 1975, from Texas Power & Light Company to the City of Denton, Texas, recorded in Volume 756, Page 669, Real Property Records, Denton County, Texas, INSOFAR AND ONLY INSOFAR as the Electric Easement covers and encumbers that certain .290 acre tract, being described on Exhibit "A", attached hereto and made a part hereof; and (ii) that certain Utility Easement (herein so called), dated on or about May 6, 1955, from J.A. McLeod and wife, Florence McLeod to the City of Denton, Texas, recorded in Volume 419, Page 25, Real Property Records, Denton County, Texas, INSOFAR AND ONLY INSOFAR as the Utility Easement covers and encumbers that certain .363 acre tract, being described on Exhibit "B", attached hereto and made a part hereof (the Electric Easement and the Utility Easement are collectively referred to herein as the "Easements"); and 1 s:\legal\our documents\contracts\12\creekwood centre release of easements,doc WHEREAS, the lands being described and depicted on Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, are collectively referred to herein as the "Abandonment Area"; and WHEREAS, the Owner has granted to the City all easements and interests being required to be granted pursuant to the terms of the Agreement; and WHEREAS, as a result of such grant and the completion and satisfaction of other conditions precedent prescribed by the Agreement, the conditions to the effectiveness of the abandonment and release of the Easements, pursuant to Ordinance No. , have been fulfilled; NOW, THEREFORE, The City, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the Owner, the receipt of which is hereby acicnowledged, subject to the terms herein, does by these presents, abandon and release unto Owner, its successors and assigns, the Easements, INSOFAR AND ONLY INSOFAR as the Easements cover and encumber the Abandonment Area. The City expressly reserves and retains, and this instrument shall not be deemed to affect, in way, manner or form, (i) the Easements, insofar as the Easements may cover or encumber lands in addition to or other than the Abandonment Area; and (ii) any and all other easements, rights of way andlor any other rights or interests of any kind owned or claimed by the City or public, in which the Easements, INSOFAR AND ONLY INSOFAR as the Easements cover and encumber the Abandonment Area, may cross or overlap, and this abandonment and release does not and sha11 not affect in any event or under any circumstance, and there is hereby reserved and retained, any other right, title or interest of the City or public as established, claimed or owned, whether acquired, obtained, owned or claimed by the City or the public, by, through or under conveyance, dedication by plat or other express dedication, implied dedication, prescription or by any other manner, means, method or process, in, covering or encumbering the Abandonment Area, or any part thereof. 2 s:\legal\our documents\contracts\12\creekwood centre release of easements,doc Witness my hand, this day of CITY OF DENTON 2012. •s By: GEORGE C. CAMPBELL CITY MANAGER Date: , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Date: , 2012. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Date: . 2012. ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2012, by George C. Campbell, City Manager of the City of Denton, Texas. Notary Public, in and for the State of Texas My Commission Expires: � s:\legal\our documents\contracts\12\creekwood centre release of easements.doc AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson